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In most states, most or all of the money goes to the deceased's spouse and children.
Generally, estates cannot realistically close before six months after the decedent's death because the surviving spouse has the right to make her claim for an elective share within that six months.
Checklist for Settling an Estate in 9 Easy StepsOrganize important information.Determine need for probate or attorney help.File the Will and notify necessary persons.Take inventory and appraise all assets.Set up a bank account.Pay taxes.Pay off any debts.Distribute assets according to deceased person's Will.More items...
Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will.
As a community property state, California law presumes all the property you or your spouse acquire during your marriage to be marital property, regardless of how it is titled.
Starting from the date of death, the executors have 12 months before they have to start distributing the estate. This allows time to gather information on the estate and check for potential claims. The executors have no obligation to distribute the estate before the end of the year.
Wait Six Months (or sometimes longer) By law the Executor has to hold onto estate assets for six months from the date Probate is granted, and cannot pay out any money to the beneficiaries before this time is up.
Generally, estates cannot realistically close before six months after the decedent's death because the surviving spouse has the right to make her claim for an elective share within that six months. Courts can grant an extension for a spouse to file the elective share claim.
The surviving spouse is entitled to the entire estate if there are no descendants. If the deceased spouse has descendants, all of whom are also descendants of the surviving spouse, the spouse also inherits the entire probate estate.
The surviving spouse generally stands to inherit first, followed by the decedent's children, their parents, their siblings and so forth. Under certain circumstances, stepchildren may have priority to inherit over other heirs.